[Federal Register Volume 64, Number 62 (Thursday, April 1, 1999)]
[Notices]
[Pages 15749-15753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7770]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6313-6]


Proposed National Pollutant Discharge Elimination System (NPDES) 
General Permit for Reverse Osmosis Desalinization Facilities in Saipan, 
NPDES # MPG450000

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed NPDES General Permit for Reverse Osmosis 
Desalinization Facilities in Saipan.

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SUMMARY: The Reverse Osmosis units are designed to remove dissolved 
solids from the water in order to provide potable water to the hotels. 
The source water may be brackish groundwater or seawater. The waste 
stream contains concentrated levels of total dissolved solids (TDS). 
Periodically, the filters are cleaned by backwashing or by adding 
chemicals to raise and lower the pH (from 2 to 12).
    Due to the similarities between the discharges, a general permit is 
being proposed to cover all current and future discharges from hotel RO 
units meeting certain criteria (see permit).

Public comment: If you need additional information, you may contact 
Mike Lee between the hours of 9:00 a.m. until 4:00 p.m. by calling 
(415) 744-1484 or by writing to: CWA Standards and Permits Office, 
Attn: Mike Lee (CMD-1), 75 Hawthorne Street, San Francisco, CA 94105-
3901.
    All comments upon or objections to the PROPOSED PERMIT and requests 
for a PUBLIC HEARING, pursuant to 40 CFR 124.12, must be transmitted or 
delivered in writing to Mike Lee, at the address shown above, within 30 
days of the date of this notice. An extension of the 30 day comment 
period may be granted if the request for an extension adequately 
explains why more time is required to prepare comments.
    A final decision to set the conditions and to issue the permit, or 
to deny the permit, shall be made after all comments have been 
considered: Notice of the final decisions shall be sent to each person 
who has transmitted or delivered written comments or requested notice 
of the final permit decisions. The decisions will become effective 30 
days from the date of issuance unless:
    1. A later effective date is specified in the decisions; or
    2. An evidentiary hearing is requested pursuant to 40 CFR 124.74; 
or
    3. There are no comments requesting a change to the PROPOSED 
PERMIT, in which case the final decisions shall become effective 
immediately upon issuance.

SUPPLEMENTARY INFORMATION:

I. Description of Facilities

    There are approximately eight hotels in Saipan at this time that 
discharge or intend to discharge wastewater from a reverse osmosis 
water treatment unit(s) into waters of the U.S. Each discharges less 
than 0.5 MGD and into receiving water named Saipan Lagoon, either 
directly, or through a storm water conveyance channel.

II. Applicable Water Quality Standards

    Water Quality Standards for the Commonwealth of the Northern 
Mariana Islands were adopted on January 20, 1997. The standards 
classify Garapan lagoon as a Class AA marine water. Under the CNMI 
Water Quality Standards, ``It is the objective of this class that these 
waters remain in their natural pristine state as nearly as possible 
with an absolute minimum of pollution or alteration of water quality 
from any human-caused source or actions. To the extent practicable, the 
wilderness character of such areas shall be protected. No zone of 
mixing will be permitted.''
    Discharge in compliance with this NPDES permit should ensure 
achievement of all applicable Water Quality Standards. These Standards 
are designed to prevent degradation of water quality. Therefore, 
compliance with this NPDES permit should prevent any ``unreasonable 
degradation'' of the marine environment, and in accordance with section 
403(c) of the Clean Water Act an NPDES permit may be issued.

III. Effluent limitations

    Discharges from desalination processes are not subject to any 
effective EPA effluent limitations guidelines. Therefore, permit 
requirements were established using Best Professional Judgment (BPJ) 
and specific water quality standards in order to ensure protection of 
the beneficial uses of the receiving waters.

A. pH

    The pH is limited in the permit between 6.5 and 8.6 standard units, 
based on water quality standards for Class AA waters. According to 
literature submitted by an applicant, the RO units are routinely 
cleaned by the addition of certain chemicals in order to raise and 
lower the pH from 2 to 12.

B. Formaldehyde

    Some permit applications indicates that formalin (formaldehyde 37%) 
will be used for cleaning the R/O unit. Formaldehyde is a carcinogen, 
and its discharge into waters of the U.S. is prohibited.

C. Sodium Hexametaphosphate

    Some permit applications indicate that Sodium Hexametaphosphate 
will also be used in the process. Data searches for toxicity of Sodium 
Hexametaphosphate performed on the Hazardous Substances Data Base 
suggest that ``metaphosphates are toxic probably because of their 
excess alkalinity rather than from simple NA excess.'' (Venugopal, B. 
and T.D. Luckey, Metal Toxicity in Mammals, New York, Plenum Press, 
1978, pg. 11). Wastewater with high alkalinity should have no adverse 
effect once mixed with seawater unless the pH is very high. For this 
reason, monitoring for pH is required and a limit for pH is in the 
permit. Furthermore, a limit for total phosphorous is included, based 
on the Saipan Water Quality Standards.

D. TDS

    TDS testing is required in order to insure that the water quality 
standard of ``no permanent change in isohaline patterns of the 
receiving water'' is met. This data may be used for future modeling 
studies. There is no limit set at this time. Typically, discharges are 
around 50,000 mg/l.

F. Total Nitrogen, Sulfide (Undissociated), Ammonia (Un-ionized)

    Data from existing reverse osmosis desalinization plants in Saipan 
indicate exceedances of the water quality

[[Page 15750]]

standards for these three pollutants. Limits will therefore be included 
in the permit.

G. Turbidity

    The limit for turbidity, <2 NTU, is derived from CNMI water quality 
standards.

H. Ammonia

    The limit for un-ionized ammonia, .02 mg/l, is derived from CNMI 
water quality standards.

I. Priority Pollutant Scan

    If the source water is contaminated, the concentrated waste water 
will likely be even more so. For this reason, a priority pollutant scan 
of the wastewater is required within the first six months of obtaining 
general permit coverage and once every time the location of the source 
water changes.

J. Whole Effluent Toxicity Testing

    At this time, no bioassays are required. However, the permit may be 
modified in the future to require WET testing.

IV. Monitoring Frequency

    The permittee is required to monitor at the frequency specified in 
the permit. In addition, the permittee is required to monitor everytime 
the units are cleaned due to the possibility of increased pollutant 
loading during such periods.

V. Application Requirements

    Permittees meeting the requirements specified in the permit may 
submit a notice of intent (NOI) which includes the required 
information. A NOI must be submitted at least 60 days prior to intended 
discharge and again at least 90 days prior to the expiration of this 
permit. EPA, upon reviewing the information submitted, will decide 
either to include the applicant under the general permit or to issue 
the applicant an individual permit. The applicant may assume coverage 
by the general permit if EPA does not respond within 60 days.

VII. Effects on Endangered Species

    EPA believes that discharge in compliance with this permit will 
have no effect on endangered species. Endangered species in Saipan 
which could be impacted would be the green and hawksbill sea turtles. 
At the present time there has been no critical habitat designated for 
these species in Saipan Lagoon. Furthermore, discharges allowed under 
this permit may not be placed so that effluent directly impacts 
seagrass beds or live coral reef habitat, as these habitats are 
important to these species of sea turtles.

VIII. Economic Impact (Executive Order 12866)

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may have an annual effect 
on the economy of $100 million or more or adversely affect in a 
material way the economy, a sector of the economy, productivity, 
competition, jobs, the environment, public health or safety, or State, 
local, or tribal governments or communities; create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another agency; materially alter the budgetary impact of entitlements, 
grants, user fees, or loan programs or the rights and obligations of 
recipients thereof; or raise novel legal or policy issues arising out 
of legal mandates, the President's priorities, or the principles set 
forth in the Executive Order.
    EPA has determined that this proposed general permit is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is therefore not subject to formal OMB review prior to 
proposal.

IX. Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act (UMRA), Pub. L. 
104-4, generally requires Federal agencies to assess the effects of 
their ``regulatory actions'' on State, local, and tribal governments 
and the private sector. UMRA uses the term ``regulatory actions'' to 
refer to regulations. (See, e.g., UMRA section 201, ``Each agency shall 
* * * assess the effects of Federal regulatory actions * * * (other 
than to the extent that such regulations incorporate requirements 
specifically set forth in law)''). UMRA section 102 defines 
``regulation'' by reference to section 658 of Title 2 of the U.S. Code, 
which in turn defines ``regulation'' and ``rule'' by reference to 
section 601(2) of the Regulatory Flexibility Act (RFA). That section of 
the RFA defines ``rule'' as ``any rule for which the agency publishes a 
notice of proposed rulemaking pursuant to section 553(b) of [the 
Administrative Procedure Act (APA)], or any other law * * *''
    As discussed in the RFA section of this notice, NPDES general 
permits are not ``rules'' under the APA and thus not subject to the APA 
requirement to publish a notice of proposed rulemaking. NPDES general 
permits are also not subject to such a requirement under the Clean 
Water Act (CWA). While EPA publishes a notice to solicit public comment 
on draft general permits, it does so pursuant to the CWA section 402(a) 
requirement to provide ``an opportunity for a hearing.'' Thus, NPDES 
general permits are not ``rules'' for RFA or UMRA purposes.
    EPA has determined that the proposed general permit for Saipan does 
not contain a Federal requirement that may result in expenditures of 
$100 million or more for State, local and tribal governments, in the 
aggregate, or the private sector in any one year.
    The Agency also believes that the proposed general permit will not 
significantly nor uniquely affect small governments. For UMRA purposes, 
``small governments'' is defined by reference to the definition of 
``small governmental jurisdiction'' under the RFA. (See UMRA section 
102(1), referencing 2 U.S.C. 658, which references section 601(5) of 
the RFA.) ``Small governmental jurisdiction'' means governments of 
cities, counties, towns, etc., with a population of less than 50,000, 
unless the agency establishes an alternative definition.
    The proposed general permit also will not uniquely affect small 
governments because compliance with the permit conditions affects small 
governments in the same manner as any other entities seeking coverage 
under the proposed general permit.

X. Paperwork Reduction Act

    EPA has reviewed the requirements imposed on regulated facilities 
resulting from the proposed general permit under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq. The information 
collection requirements of the proposed general permit have already 
been approved in previous submissions made for the NPDES permit program 
under the provisions of the CWA.

XI. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., EPA is 
required to prepare a Regulatory Flexibility Analysis to assess the 
impact of rules on small entities. Under 5 U.S.C. 605(b), no Regulatory 
Flexibility Analysis is required where the head of the Agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.
    The Agency takes the position that NPDES general permits are not 
subject to rulemaking requirements under APA section 553 or any other 
law. The requirements of APA section 553 apply only to the issuance of 
``rules,'' which the APA defines in a manner that

[[Page 15751]]

excludes permits. See APA section 551(4), (6) and (8). The CWA also 
does not require publication of a general notice of proposed rulemaking 
for general permits. EPA publishes draft general NPDES permits for 
public comment in the Federal Register in order to meet the applicable 
CWA procedural requirement to provide ``an opportunity for a hearing.'' 
See CWA section 402(a), 33 U.S.C. 1342(a).
    Nevertheless, the Agency has considered the potential impact of the 
proposed general permit on small entities in a manner that meets the 
requirements of the RFA. Specifically, EPA has analyzed the potential 
impact of the proposed general permit on small entities and determined 
that the permit will not have a significant economic impact on a 
substantial number of small entities. The permit requirements have been 
designed to minimize significant administrative and economic impacts on 
small entities and should not have a significant impact on regulated 
sources in general. Moreover, the proposed general permit reduces a 
significant burden on regulated sources of applying for individual 
permits.

XII. Signature

    Accordingly, I hereby find consistent with the provisions of the 
Regulatory Flexibility Act, that this proposed general permit will not 
have a significant impact on a substantial number of small entities. 
Authority: Clean Water Act, 33 U.S.C. 1251 et seq.

    For the Regional Administrator.

    Dated: February 22, 1999.
Michael G. Schulz,
Acting Director, Water Division, Region 9.

Authorization To Discharge Under the National Pollutant Discharge 
Elimination System General Permit for the Discharge of Reverse 
Osmosis Waste Water Into Marine Waters of the CNMI, NPDES 
#MPG450000

    In compliance with the provisions of the Clean Water Act, as 
amended, (33 U.S.C. 1251 et seq., the ``Act''), and with the Federal 
Regulations at 40 CFR 122.28, EPA issues a general permit to cover 
discharge of reverse osmosis wastewater from facilities located in the 
CNMI meeting the following criteria:
    1. Facility operates a reverse osmosis (RO) unit or units designed 
specifically for the production of potable water; and
    2. Discharge from individual RO unit is less than 0.5 million 
gallons per day (MGD); and
    3. Discharge reaches marine surface waters (i.e. directly, through 
a stormwater conveyance channel, or through an injection well that may 
mix with marine surface waters); and
    4. An individual 401 Water Quality Certification has been obtained 
from The Division of Environmental Quality, Commonwealth of the 
Northern Mariana Islands, which certifies that the discharge will not 
cause or contribute to violations of water quality standards, or impact 
seagrass beds or coral reef habitat.
    If facility meets the above criteria, the facility may apply for 
coverage under the general permit by submitting a complete Notice of 
Intent (NOI) at least 90 days prior to the planned date of discharge. 
The NOI must include the following:
    1. Completed NPDES application Forms 1 and Form 2C. If previously 
applied, please send any updated information/changes to application;
    2. A cover letter indicating that the permittee is seeking coverage 
under this general permit, has read this general permit and will comply 
with all its conditions;
    3. Individual Water Quality Certification from Division of 
Environmental Quality under Section 401 of the Act;
    4. A list of all chemicals used (both generic name and chemical 
names) both during typical water treatment and during cleaning of 
units;
    5. Name(s), location(s) and average Total Dissolved Solids of 
source waters; and
    6. Description and location of monitoring stations(s).
    The NOI must be submitted to USEPA and Commonwealth of Northern 
Marianas Islands at the addresses listed under section 3 of this 
permit.
    Sixty (60) days after receipt of NOI by EPA, the applicant may 
discharge in accordance with conditions of this general permit and the 
individual 401 certification unless otherwise notified by EPA or CNMI 
DEQ. EPA reserves the right to deny the general permit to anyone at 
anytime and require coverage under an individual permit. Furthermore, 
in accordance with 122.28(b), this permit may be modified, revoked and 
reissued, or terminated in accordance with applicable requirements of 
part 124.
    Permittees must submit another NOI 90 days prior to the expiration 
date of this general permit if the permittee intends to continue 
discharging beyond that date.
    The discharge must be in accordance with effluent limitations, 
monitoring requirements and other conditions set forth herein, in the 
401 certification, and in the attached EPA Region 9 ``Standard Federal 
NPDES Permit Conditions.''
    This permit and the authorization to discharge shall expire at 
midnight five years after effective date.

1. Effluent Limits and Monitoring Requirements

    a. Effluent shall be sampled at the point of discharge, prior to 
mixing with the receiving water. If discharge occurs into a stormwater 
conveyance channel or pipe, monitoring shall be performed before 
discharge into the channel or pipe. Monitoring shall be performed 
during the regular discharge of brine water and during the intermittent 
discharge of cleaning waste water. 1 During the discharge of 
brine water, monitoring will be performed at the frequency specified 
below. During the discharge of cleaning waste water, monitoring shall 
be performed every time cleaning waste water is discharged. Samples of 
cleaning waste water should be identical in characteristics to that 
which is discharged to the surface water. For example, if cleaning 
waste water is stored or mixed with brine waste water prior to 
discharge in order to reduce toxicity, samples should be taken of the 
stored or mixed effluent.
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    \1\ Cleaning waste water includes backwash water or any other 
waste water with different chemical characteristics than the normal 
brackish reject water.
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    Such discharges shall be limited and monitored by the permittee as 
specified below:

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                                              Limitations                    Monitoring requirements
       Effluent characteristics       --------------------------------------------------------------------------
                                              Daily max.           Measurement frequency        Sample type
----------------------------------------------------------------------------\1\---------------------------------
Flow.................................  ........................  Continuous..............  N/A
Total Dissolved Solids...............  ........................  Once/Quarter............  Discrete.
Total Nitrogen.......................  0.4 mg/l................  Once/Month..............  Discrete.

[[Page 15752]]

 
Total Phosphorous....................  0.025 mg/l..............  Once/Month..............  Discrete.
Sulfide (undissociated)..............  0.002 mg/l..............  Once/Month..............  Discrete.
Ammonia (unionized)..................  0.02 mg/l...............  Once/Month..............  Discrete.
Turbidity............................  Not > 2 NTU.............  Once/Month..............  Discrete.
Total Residual Chlorine \2\..........  .01 mg/l................  Once/Day................  Discrete.
Priority Pollutant Scan..............  ........................  (\3\)...................  Discrete.
pH...................................  (\4\)...................  Once/Day................  Discrete.
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\1\ The frequency specified below applies only to the discharge of brine water. Monitoring shall be performed
  once/discharge during the discharge of cleaning waste water.
\2\ Monitoring required only if products containing chlorine are used. Non-detects shall be considered
  compliance.
\3\ Permittee shall conduct priority pollutant scans on the effluent (both the cleaning waste water and the
  brine water discharge) once within the first 6 months of general permit and again every time location of
  source water changes.
\4\ (4) The pH of the effluent is limited between 6.5 and 8.6 standard units at all times.

    b. The discharge shall be free of substances attributable to 
domestic, industrial, or other controllable sources of pollutants and 
shall be capable of supporting desirable aquatic life and be suitable 
for recreation in and on the water.
    c. The discharge shall not cause floating debris, oils, grease, 
scum, or other floating materials.
    d. The discharge shall be free from substances in amounts 
sufficient to produce taste or odor in the water or detectable off 
flavor in the flesh of fish, or in amounts sufficient to produce 
objectionable odor, turbidity, or other conditions in the receiving 
waters.
    e. There shall be no discharge of cleaning wastes, biocides, 
pathogenic organisms, toxic, radioactive, corrosive, or other 
deleterious substances at levels or in combinations sufficient to be 
toxic or harmful to human, animal, plant or aquatic life, or in amounts 
sufficient to interfere with any beneficial use of the water.
    f. There shall be no discharge of substances or conditions or 
combinations thereof in concentrations which produce undesirable 
aquatic life.
    g. The discharge shall not cause the temperature of the receiving 
water to vary by more than 1.5 deg.F (0.9 deg.C) from ambient 
conditions.
    h. The discharge shall not cause the dissolved oxygen level in the 
receiving water to drop below 6.0 mg/l.
    i. The discharge shall not cause a change in channels, basic 
geometry or fresh water influx which would cause permanent changes in 
isohaline patterns of more than 10% from the natural conditions or 
which would otherwise adversely affect the indigenous biota and natural 
sedimentary patterns.
    j. The use of products containing formaldehyde is prohibited.

2. Additional Conditions

    a. The permittee shall also comply with all requirements included 
under their individual 401 certification.
    b. If CNMI or USEPA believes, based on monitoring data, facility 
inspections, or receiving water quality that a permittee's discharge 
is, or may be causing or contributing to exceedances of water quality 
criteria, or in any way impacting seagrass beds or live coral reef 
habitat, USEPA may require the facility to obtain an individual permit. 
An individual permit may include additional, or more stringent effluent 
limitations, additional effluent and/or receiving water monitoring, 
including whole effluent toxicity testing and/or dye/tracer studies to 
determine the extent (if any) of the impacts.

3. Reporting and Monitoring

a. Reporting of Monitoring Results

    Monitoring results obtained during the previous 3 months shall be 
summarized for each month and submitted on forms to be supplied by the 
Regional Administrator, to the extent that the information reported may 
be entered on the forms. The results of all monitoring required by this 
permit shall be submitted in such a format as to allow direct 
comparison with the limitations and requirements of this permit. Unless 
otherwise specified, discharge flows and pH shall be reported in terms 
of the average value over each 30-day period and the maximum recorded 
value over that 30-day period. Monitoring reports shall submitted on a 
quarterly basis and be postmarked no later than the 28th day of the 
month following the completed reporting period. The first report is due 
thirty days after the effective date of this permit. Duplicate signed 
copies of these, and all other reports required herein, shall be 
submitted to the Regional Administrator and the Commonwealth at the 
following addresses:

Regional Administrator, Environmental Protection Agency, Attention: 
CMD-1, 75 Hawthorne Street, San Francisco, CA 94105
Director, Div. of Environmental Quality, P.O. Box 1304, Saipan, MP 
96950.

b. Twenty-Four Hour Reporting of Noncompliance

    The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally 
within 24 hours from the time the permittee becomes aware of the 
circumstances to the following person or their office: Director, Div. 
of Environmental Quality 670/664-8500 or 664-8501.
    If the permittee is unsuccessful in contacting the person above, 
he/she shall report by 9 a.m. on the first business day following the 
noncompliance. A written submission shall also be provided within 5 
days of the time the permittee becomes aware of the circumstances. The 
written submission shall contain a description of the noncompliance and 
its cause; the period of noncompliance, including dates and times, and, 
if the noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance.

c. Definitions

    1. A ``discrete'' sample means any individual sample collected in 
less than 15 minutes. A ``discrete'' sample for enteric virus means any 
individual sample collected in less than 3 hours.
    2. The ``daily maximum'' concentration means the measurement made 
on any single discrete sample or composite sample.

d. Monitoring Modification

    Monitoring, analytical, and reporting requirements may be modified 
by the

[[Page 15753]]

Regional Administrator upon due notice.

4. EPA Region 9 Standard Conditions (Not Included)

[FR Doc. 99-7770 Filed 3-31-99; 8:45 am]
BILLING CODE 6560-50-P